Question
Mya is in a remote rural community where there is no sewage system, but only septic tanks (storage units for personal waste that must be
Mya is in a remote rural community where there is no sewage system, but only septic tanks (storage units for personal waste that must be emptied regularly). The local government uses the services of the business Billy's Sewage to empty the septic tank. Billy is the sole proprietor of the business, and the only person in town with the tools to complete the job. He empties the tanks not just of the local government buildings, but is also hired by private businesses and residences. Billy invoices all of them individually.
Billy negligently forgets to remove a septic tank cover for City Hall. Mya falls into an unmarked, open septic tank while walking through a public park near City Hall. She breaks her leg and becomes seriously ill from the waste, causing her to be unable to work for the next 12 months.
Mya asks you who she should sue: a) the local government, b) Billy's sewage, or c) both. Explain your reasoning.
https://youtu.be/yf0dPLDcqnA
2. Stanley is a full-time administrative assistant for the local government. His superiors describe him as punctual and hardworking. We will be looking at a number of situations that Stanley finds himself in. For each situation, discuss whether a) Stanley should be given notice or pay, and b) If yes, how much notice or pay?
i) The local government decided to reduce spending. Stanley lost his job as part of the budget cuts. He had been working four years.
ii) Stanley showed up late everyday for two weeks. His manager fired him after many infractions for being constantly tardy. He had been working two years.
iii) Stanley lost his job 4 weeks into being employed. His coworkers and superiors liked him personally, but his manager decided that Stanley was not a good fit for the position.
iv) Stanley was caught stealing office supplies and furniture. His manager fired him on the spot. He had been working ten years.
v) Stanley had been caught stealing office supplies and furniture. However, his manager forgave Stanley and continued his employment. For the next two months, Stanley's work performance was exemplary. Then, his manager had a change of heart and fired Stanley for the stolen furniture from two months prior. He had been working ten years.
vi) Stanley's work performance was exemplary. However, Stanley and his manager's relationship became strained because Stanley started dating that manager's daughter. In retaliation, Stanley's manager decided to change Stanley's job duties from that of an administrative assistant to building maintenance (janitorial work, lawn mowing, snow shovelling, etc.). Stanley decides to quit to search for a different job. He had been working one year.
For specific amounts of notice/pay, see section 63 of the BC Employment Standards Act ( https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-113/167354/rsbc-1996-c-113.html#sec63 ).
3. All firefighters are required to undergo physical tests. As part of their tests, they have to be able to drag a 185lb (84kg) mannequin through an obstacle course for a total distance of 30m. Men are much more likely to be successful in this test than women, meaning the test unintentionally discriminates against women.
a. Would a lawsuit against the British Columbia Professional Fire Fighters' Association be successful on the grounds that it violates BC's Human Rights Act? Why or why not?
b. Does your answer change if the test also includes running a marathon (42km) in under 5 hours?
https://youtu.be/ihuVdYbz30Q
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